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(영문) 대전지방법원 2019.09.20 2018나11983
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff engaged in the business of manufacturing signboards and advertising advertisements under the trade name of “C”, and continuously engaged in the business of manufacturing and selling signboards and supply transaction with “A” (hereinafter “non-party company”), and as of April 25, 2015, the outstanding amount came to reach KRW 43,562,00.

B. The Defendant signed the outstanding amount at the upper end of the statement of accounts receivable (Evidence A No. 1) stating “43,562,000 won.”

【Ground for Recognition: Unsatisfy, Gap evidence 1, the purport of the whole pleadings】

2. Assertion and determination

A. The plaintiff asserts that the defendant promised to pay the outstanding amount, and the defendant asserts that the outstanding amount is the obligation between the plaintiff and the non-party company and that the defendant, who served as an employee of the non-party company, has signed the specifications of the outstanding amount at the verified level that the outstanding amount is appropriate, and does not sign it as the intention of repayment.

B. In light of the evidence mentioned above, even if the actual operator of the non-party company E (the defendant's birth) and the defendant is merely an employee of the non-party company (the "business position"), the plaintiff appears to have transacted with the non-party company by personal seal with the defendant, not the non-party E, and in light of the situation in which the statement of the outstanding amount (the evidence No. 1) clearly shows that the expression " non-party company E" rather than the " non-party company E" was signed directly by the defendant even after the above statement of the outstanding amount (the evidence No. 1), the plaintiff was presumed to have aggravated the financial situation of the non-party company and the closure of business was anticipated, the plaintiff requested the defendant to pay the outstanding amount, and it can be sufficiently recognized that the plaintiff's assertion that the defendant signed the statement of the outstanding amount as a self-written statement was signed by the defendant.

Therefore, the defendant is from April 6, 2018 to the date of full payment, which is the day following the delivery of a copy of the complaint in this case to the defendant, as the plaintiff seeks.

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